19 U.S.C. § 1645 — Transportation and interment of remains

Page 323 TITLE 19—CUSTOMS DUTIES § 1645 (c) Secretary of Agriculture (1) The Secretary of Agriculture by regulation may apply laws and regulations on animal and plant quarantine (including laws and regula- tions on importing, exporting, transporting, and quarantining animals, plants, animal and plant products, insects, bacterial and fungus cultures, viruses, and serums) to civil air navigation to the extent and under conditions the Secretary considers necessary. (2) A person violating a law or regulation made applicable under paragraph (1) of this sub- section is liable for the penalties provided under that law or regulation. (d) Remission and mitigation of penalties A decision to remit or mitigate a civil penalty under this section is final. When libel pro- ceedings are pending during a proceeding to remit or mitigate a penalty, the appropriate Secretary shall notify the Attorney General of the remission or mitigation proceeding. (e) Summary seizure of aircraft (1) An aircraft subject to a lien under this sec- tion may be seized summarily by and placed in the custody of a person authorized by regula- tions of the appropriate Secretary or the Attor- ney General. A report of the case shall be sent to the Attorney General. The Attorney General shall bring promptly a civil action in rem to en- force the lien or notify the appropriate Sec- retary that the action will not be brought. (2) An aircraft seized under this section shall be released from custody when— (A) the civil penalty or amount not remitted or mitigated is paid; (B) the aircraft is seized under process of a court in a civil action in rem to enforce the lien; (C) the Attorney General gives notice that a civil action will not be brought under para- graph (1) of this subsection; or (D) a bond is deposited with the appropriate Secretary or the Attorney General in an amount and with a surety the appropriate Sec- retary or the Attorney General prescribes, conditioned on payment of the penalty or amount not remitted or mitigated. (f) Collection of civil penalties A civil penalty under this section may be col- lected by bringing a civil action against the per- son subject to the penalty, a civil action in rem against an aircraft subject to a lien for a pen- alty, or both. The action shall conform as nearly as practicable to a civil action in admiralty, re- gardless of the place an aircraft in a civil action in rem is seized. However, a party may demand a trial by jury of an issue of fact if the value of the matter in controversy is more than $20. An issue of fact tried by jury may be reexamined only under common law rules. (g) Authorization of appropriations Necessary amounts may be appropriated to allow the head of a department, agency, or in- strumentality of the Government to acquire space at a public airport (as defined in section 47102 of title 49) when the head decides the space is necessary to carry out inspections, clearance, collection of taxes or duties, or a similar respon- sibility of the head, related to transporting pas- sengers or property in air commerce. The head must consult with the Secretary of Transpor- tation before making a decision on space. (Pub. L. 103–272, § 2, July 5, 1994, 108 Stat. 1358.) Editorial Notes CODIFICATION Section was not enacted as part of the Tariff Act of 1930 which comprises this chapter. Section is based on sections 1474 and 1509(b)–(e) of former Title 49, Transportation, which were repealed and restated as this section by Pub. L. 103–272, §§ 2, 7(b), July 5, 1994, 108 Stat. 1358, 1379. Statutory Notes and Related Subsidiaries TRANSFER OF FUNCTIONS For transfer of functions, personnel, assets, and li- abilities of the United States Customs Service of the Department of the Treasury, including functions of the Secretary of the Treasury relating thereto, to the Sec- retary of Homeland Security, and for treatment of re- lated references, see sections 203(1), 551(d), 552(d), and 557 of Title 6, Domestic Security, and the Department of Homeland Security Reorganization Plan of Novem- ber 25, 2002, as modified, set out as a note under section 542 of Title 6. For establishment of U.S. Customs and Border Protection in the Department of Homeland Se- curity, treated as if included in Pub. L. 107–296 as of Nov. 25, 2002, see section 211 of Title 6, as amended gen- erally by Pub. L. 114–125, and section 802(b) of Pub. L. 114–125, set out as a note under section 211 of Title 6. § 1645. Transportation and interment of remains of deceased employees in foreign countries; travel or shipping expenses incurred on for- eign ships (a) Transfers in foreign countries The expense of transporting the remains of customs officers and employees who die while in or in transit to foreign countries in the dis- charge of their official duties, to their former homes in this country for interment, and the or- dinary and necessary expenses for such inter- ment, at their posts of duty or at home, are au- thorized to be paid upon the written order of the Secretary of the Treasury. The expenses author- ized by this subdivision shall be paid from the appropriation for the collection of the revenue from customs. (b) Transportation on foreign ships Notwithstanding the provisions of section 601 of the Merchant Marine Act, 1928, or of any other law, any allowance, within the limitations prescribed by law, for travel or shipping ex- penses incurred on a foreign ship by any officer or employee of the Bureau of Customs or the Customs Service, shall be credited if the Sec- retary of the Treasury certifies to the Comp- troller General that transportation on such for- eign ship was necessary to protect the revenue. (June 17, 1930, ch. 497, title IV, § 645(a), (c), 46 Stat. 761; Aug. 2, 1946, ch. 744, § 2, 60 Stat. 807.) Editorial Notes REFERENCES IN TEXT Section 601 of the Merchant Marine Act, 1928, referred to in subsec. (b), was classified to section 891r of former Page 324 TITLE 19—CUSTOMS DUTIES § 1646 Title 46, Shipping, and was repealed by the Merchant Marine Act, 1936 (approved June 29, 1936, ch. 858, § 903(c), 49 Stat. 2016), but was reenacted in substance by section 901 of that Act, which was classified to section 1241 of the former Appendix to Title 46, Shipping. Section 901 of the Merchant Marine Act, 1936 was subsequently re- pealed and restated in sections 55302, 55303, and 55305 of Title 46, Shipping, by Pub. L. 109–304, §§ 8(c), 19, Oct. 6, 2006, 120 Stat. 1586, 1710. For disposition of sections of the former Appendix to Title 46, see Disposition Table preceding section 101 of Title 46. CODIFICATION Section is comprised of subsecs. (a) and (c) of section 645 of act June 17, 1930. Subsec. (b) of section 645 re- pealed in part section 48 of this title. AMENDMENTS 1946—Subsec. (a). Act Aug. 2, 1946, eff. Nov. 1, 1946, re- pealed first sentence relating to traveling expenses of transferred employees. See section 5729 of Title 5, Gov- ernment Organization and Employees. Statutory Notes and Related Subsidiaries TRANSFER OF FUNCTIONS For transfer of functions, personnel, assets, and li- abilities of the United States Customs Service of the Department of the Treasury, including functions of the Secretary of the Treasury relating thereto, to the Sec- retary of Homeland Security, and for treatment of re- lated references, see sections 203(1), 551(d), 552(d), and 557 of Title 6, Domestic Security, and the Department of Homeland Security Reorganization Plan of Novem- ber 25, 2002, as modified, set out as a note under section 542 of Title 6. For establishment of U.S. Customs and Border Protection in the Department of Homeland Se- curity, treated as if included in Pub. L. 107–296 as of Nov. 25, 2002, see section 211 of Title 6, as amended gen- erally by Pub. L. 114–125, and section 802(b) of Pub. L. 114–125, set out as a note under section 211 of Title 6. Executive Documents CHANGE OF NAME Bureau of Customs redesignated United States Cus- toms Service by Treasury Department Order 165–23, Apr. 4, 1973, eff. Aug. 1, 1973, 38 F.R. 13037. See, also, sec- tion 308 of Title 31, Money and Finance. TRANSFER OF FUNCTIONS Functions of all officers of Department of the Treas- ury and functions of all agencies and employees of such Department transferred, with certain exceptions, to Secretary of the Treasury, with power vested in him to authorize their performance or performance of any of his functions, by any of those officers, agencies, and employees, by Reorg. Plan No. 26, of 1950, §§ 1, 2, eff. July 31, 1950, 15 F.R. 4935, 64 Stat. 1280, 1281, set out in the Appendix to Title 5, Government Organization and Employees. Bureau of Customs and Customs Service, referred to in text, were under Department of the Treasury. § 1646. Repealed. June 25, 1948, ch. 646, § 39, 62 Stat. 992, eff. Sept. 1, 1948 Section, act June 17, 1930, ch. 497, title IV, § 646, 46 Stat. 762, related to tenure and retirement of judges of United States Court of Customs and Patent Appeals. See sections 213, 371, and 372 of Title 28, Judiciary and Judicial Procedure. § 1646a. Supervision by customs officers Wherever in this chapter any action or thing is required to be done or maintained under the supervision of customs officers, such supervision may be directed and continuous or by occasional verification as may be required by regulations of the Secretary of the Treasury, or, in the absence of such regulations for a particular case, as the principal customs officer concerned shall direct. (June 17, 1930, ch. 497, title IV, § 646, as added Aug. 8, 1953, ch. 397, § 22, 67 Stat. 520.) Statutory Notes and Related Subsidiaries EFFECTIVE DATE Section effective on and after thirtieth day following Aug. 8, 1953, see Effective Date of 1953 Amendments note set out under section 1304 of this title. § 1646b. Random customs inspections for stolen automobiles being exported The Commissioner of U.S. Customs and Border Protection shall direct customs officers to con- duct at random inspections of automobiles, and of shipping containers that may contain auto- mobiles that are being exported, for purposes of determining whether such automobiles were sto- len. (June 17, 1930, ch. 497, title IV, § 646A, as added Pub. L. 102–519, title IV, § 401, Oct. 25, 1992, 106 Stat. 3400; amended Pub. L. 114–125, title VIII, § 802(d)(2), Feb. 24, 2016, 130 Stat. 210.) Statutory Notes and Related Subsidiaries CHANGE OF NAME ‘‘Commissioner of U.S. Customs and Border Protec- tion’’ substituted for ‘‘Commissioner of Customs’’ in text on authority of section 802(d)(2) of Pub. L. 114–125, set out as a note under section 211 of Title 6, Domestic Security. TRANSFER OF FUNCTIONS For transfer of functions, personnel, assets, and li- abilities of the United States Customs Service of the Department of the Treasury, including functions of the Secretary of the Treasury relating thereto, to the Sec- retary of Homeland Security, and for treatment of re- lated references, see sections 203(1), 551(d), 552(d), and 557 of Title 6, Domestic Security, and the Department of Homeland Security Reorganization Plan of Novem- ber 25, 2002, as modified, set out as a note under section 542 of Title 6. For establishment of U.S. Customs and Border Protection in the Department of Homeland Se- curity, treated as if included in Pub. L. 107–296 as of Nov. 25, 2002, see section 211 of Title 6, as amended gen- erally by Pub. L. 114–125, and section 802(b) of Pub. L. 114–125, set out as a note under section 211 of Title 6. PILOT STUDY AUTHORIZING UTILITY OF NONDESTRUCTIVE EXAMINATION SYSTEM Pub. L. 102–519, title IV, § 402, Oct. 25, 1992, 106 Stat. 3401, provided that: ‘‘The Secretary of the Treasury, acting through the Commissioner of Customs, shall conduct a pilot study of the utility of a nondestructive examination system to be used for inspection of con- tainers that may contain automobiles leaving the country for the purpose of determining whether such automobiles have been stolen.’’ § 1646c. Export reporting requirement The Commissioner of U.S. Customs and Border Protection shall require all persons or entities exporting used automobiles, including auto- mobiles exported for personal use, by air or ship to provide to the Customs Service, at least 72 hours before the export, the vehicle identifica-